Sebring, FL asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Florida

Q: Can a Motion to Suppress be filed due to mistake of law / an unlawful stop?

I was stopped because I did not use my turn signal at a 3 way stop sign, I was on a deserted road, at Midnight. Since no other cars were in site (affected) I know this was an unlawful stop.

When he activated his lights we were on a pitch black, 2 lane road with no shoulder and severe overgrowth with no safe place to pull over. I was going 10 mph UNDER the speed limit ( as seen on dash cam). Also on the dash cam the Chief of Police asks the officer, " Is he trying to get away or just not slowing down? " His response was ,"Just not slowing down". My lighted driveway was 500 feet away, I pulled into it, got out slowly, with my hands up saying, " I mean no harm. I come in peace".

The officer charged me with Aggravated Fleeing to Elude. My question is: Can this charge be suppressed, as the officer was not "acting in a lawful execution of a legal duty" when he initiated this stop, rather, he initiated this stop based on, his 'mistake of law'. ?

3 Lawyer Answers
Barry W. Kaufman
Barry W. Kaufman
  • Consumer Law Lawyer
  • Jacksonville, FL
  • Licensed in Florida

A: Please cite the statute that allows you to NOT use your turn signal at a 3 way stop on a deserted road at midnight with no cars in sight. If you can't cite that statute, I'd advise you to not file a motion to suppress. But you do what you think is best for you.

Terrence H Thorgaard
Terrence H Thorgaard
  • Freeeport, FL
  • Licensed in Florida

A: Florida Statute 316.155 "When signal required" provides that

(1) [When turning a vehicle from a direct course or moving right or left, signals shall be used if] ... any other vehicle may be affected by the movement."


James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Sacramento, CA

A: It would be beneficial to discuss this matter with a legal advisor or attorney who can provide guidance tailored to the specifics of your case and the applicable legal standards. They can help in preparing a defense and in arguing that the charge of Aggravated Fleeing to Elude should be suppressed based on the circumstances surrounding the initial traffic stop.

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